Revenue and survey records, such as TSLR entries, serve fiscal purposes and do not constitute independent or conclusive evidence of legal title to land in favor of the State.

ORDER:

This Writ Petition is filed seeking to issue a writ of Mandamus directing respondent Nos.1 to 3 to remove the sign board erected on the land premises bearing No.3-5-897 admeasuring 331 sq. yards consisting of old building situated at Himayathnagar, Hyderabad and consequently direct the respondents not to interfere with the title and possession of the aforesaid property except in accordance with law.

2. Heard Sri Janardhan Goud Sunkari, learned counsel for petitioner and learned Assistant Government Pleader for Revenue.

3. Brief facts of the case as averred in the writ petition are that the petitioner purchased the subject property through registered sale deed vide Doc.No.148/55 dated 27.01.1955 from their vendors and subsequently transferred the possession to respondent No.4, vide Doc.No.5094/97 dated 23.08.1997; that thereafter, respondent No.4 obtained permission for building construction from Commissioner vide file No.897/5/98 permit No.92/89 dated 29.01.1999; that while construction was in progress, respondent No.4 and others have entered into an agreement with the petitioner for sale of property on 06.01.2001; that the petitioner had paid consideration of Rs.27 lakhs; that thereupon, as disputes arose between petitioner and respondent No.4, the petitioner filed O.S.No.53/2004 before the Chief Judge, City Civil Court, Hyderabad, for compliance of the terms of aforesaid agreement; that the said suit was decreed in favour of petitioners on 23.03.2007; and that challenging the same, respondent No.4 preferred CCCA.No.157/2007 before this Court and the same was dismissed, vide orders dated 06.01.2025.

3.1. While the things stood thus, in the first week of June, 2020, respondent No.3 had put up a sign board stating that the subject property belongs to Government and noticing the same, the petitioner approached respondent No.3 with all the relevant documents, requesting to remove the sign board, but as respondent No.3 did not heed to its request, this Writ Petition is filed.

4. Learned counsel for petitioner submitted that the subject property is a private land and does not belong to Government and in support of his submission, he relied upon No Objection Certificate, dated 14.11.1998, issued by respondent No.3, when an application is filed by respondent No.4 seeking permission for building construction, wherein it is stated as hereunder:-

‘There was an old building existing for 40 years bearing No.3-5-897 and entries to that effect are recorded in Town Survey Land Register and thereby there will be no objection to the permission is granted to M/s. S.V.Constructions, Hyderabad’,

4.1. He further submitted that respondent No.3 acted contrary to the NOC issued by the said authority itself and that if the respondents have any interest over the subject land, they shall follow due procedure in accordance with law by duly issuing notice and affording opportunity to all the parties concerned.

4.2. Learned counsel further submitted that the entries in the TSLRs showing the subject land as ‘G’, are not proof of title and basing on such entries, the Government cannot claim title over the subject land and in support thereof, he relied upon the judgment of the Hon’ble Apex Court in State of Andhra Pradesh V. Hyderabad Potteries Private Limited ¹1 (2010) 5 SCC 382 wherein it is held as hereunder:-

‘The entries in revenue records are not proof of title and such entries cannot be relied upon for establishing title.’

5. Learned counsel for the petitioner also relied upon the judgment, dated 18.04.2017, of the erstwhile High Court of A.P. in W.P.No.2593